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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40344 of 2024 Court No. - 19 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant as well as learned counsel appearing for Narcotics Control Bureau and perused the material available on record. 2. This is the third bail application moved on behalf of the accused/applicant- Pradeep Singh for grant of bail in Case Crime No. 19 of 2021, under Sections 8, 20, 27A, 29 of N.D.P.S. Act, Police Station Lucknow N.C.B., District Lucknow, during the pendency of trial, as his first and second bail applications were rejected vide orders dated 27.7.2023 and 20.9.2024, respectively. 3. Learned counsel for the accused-applicant, while pressing this third bail application on behalf of accused-applicant, submits that the accused- applicant has falsely been implicated in this case and it is further submitted that while the seizure was conducted, the concerned authorities did not follow the procedure prescribed in the act and the said seizure is a sham exercise in the absence of the procedure, as prescribed under the act and the law settled on the subject, the arrest of the applicant/accused becomes illegal. 4. It is further submitted that nothing has been recovered from the personal possession of the applicant and he was just found sitting in the alleged vehicle. He is languishing in jail since 30.5.2021 and criminal history of one case has been explained and applicant is bailed out in that case and there is no apprehension that, after being released on bail, he may flee from the course of law or may otherwise misuse the liberty. 5. Per contra, learned counsel appearing on behalf of Narcotics Control Versus Counsel for Applicant(s) : Ajai Kumar (Senior Advocate), Avanish Kumar Agnihotri, Ayodhya Prasad Mishra Counsel for Opposite Party(s) : Ashish Pandey Pradeep Singh .....Applicant(s) Union of India .....Opposite Party(s)
Bureau submits that the quantity of Ganja, which has been recovered from the possession of the accused applicant is 975 KG, market value of which is more than Rs. 42 crores and further submits that, the accused / applicant is not liable to be enlarged on bail. The concerned officials have followed due procedure of law, while seizing the Ganja and arresting the accused. 6.
Having considered the rival contentions and the fact that, a huge quantity of ganja, i.e., 975 KG has been recovered from the possession of the accused and the market value of the same is stated to be more than Rs. 42 crores. Even if the value of the narcotic substance is not considered, then the impact of circulation of 975 KG ganja in the society is likely to spoil the carrier of the youth across the country, wherever it comes into circulation and is consumed. Therefore, it is beyond the category of economic offence, as such, it has twin impacts; first of all it promotes illegal earning of money, i.e., having unlawful pecuniary gain by the persons, who are engaged in such illegal trade and business, secondly, it destroys the very fabric of the society, when a youth, either studying or preparing to secure job or running a business, comes in the contact of such persons and consumes such items, such as. Ganja, then the same results in destroying the family at large and consumption of narcotic substance is a bane on the society. By all means, it is to be reduced and minimized to the maximum extent, wherein the State is taking all such steps to minimize the illegal use, trade and consumption of such substance. Therefore, having considered the economic and social aspects and the gravity of the crime, its impact on the society, the instant third bail application moved on behalf of accused / applicant Pradeep Singh is hereby rejected. 7. However, the trial court is directed to proceed with the trial and make all out efforts to conclude the same within a reasonable period. 8. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. 9. Office is directed to send a copy of the instant order to the trial court concerned. February 26, 2026 Gurpreet Singh BAIL No. 40344 of 2024 2 (Harvir Singh,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad